The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 1993

Determination of applications for hazardous substances consent

12.—(1) A planning authority shall not determine an application for hazardous substances consent before the exiry of—

(a) the period or periods allowed for making representationa pursuant to regulation 6(1)(a)(iii), 7(2) and 8(2); and

(b) where the authority is required to consult under regulation 11, a period of 28 days beginning with the date on which the consultee is sered with a copy of the application, or, where the authority is required to consult more than one consultee, beginning with the date by which all consultees have been so served.

(2) Subject to paragraph (1), the period within which a planning authority shall give notice to an applicant of their decision on an application for hazardous substances consent or referral of the application to the Secretary of State or regional planning authority, shall be two months, commencing on the date of receipt of the application or (except where the applicant has already given notie of appeal to the Secretary of State) such extended period as may be agreed upon in writing between the applicant and planning authority.

(3) When a planning authority give notice of a decision on an application for hazardous substances consent the notice shall be in writing and where hazardous substances constent is refused or is granted subject conditions—

(a) state the reasons for that decision; and

(b) include a statement to the effect that if the applicant is aggrieved by the decision he may appeal to the Secretary of State under section 33(1) within 6 months of the date of the notice of the decision.

(4) The planning authority shall, as soon as is practicable, inform the following persons of the terms of their decision—

(a) the Health and Safety Executive;

(b) the Regional or District council, where that council is not the planning authority;

(c) every other consultee (as defined in regulation 11(3)) who has made representation to them on the application;

(d) every owner who has made representations to them on the application; and

(e) every person holding a notifiable interest in neighbouring land who has made representations to them on the application.

(1)

Section 33 of the Act has effect in relation to applications for hazardous substances consent by virtue of section 56F of the Act, which section was itself inserted by section 35 of the 1986 Act and amended by the Environmental Protection Act 1990, Schedule 16, Part VII.